IN THE CASE OF:	

		BOARD DATE:	 2 December 2008 

		DOCKET NUMBER:  AR20080013942 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his separation document to show his service in Southwest Asia (SWA) in support of Operation Desert Storm.

2.  The applicant states, in effect, that he served in SWA in support of Operation Desert Storm from 19 August 1990 to 6 April 1991; however, this service is not recorded on his separation document.  He also states that this information is required in order for him to qualify for a Pennsylvania State award.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 25 June 1992, and Headquarters, 24th Infantry Division (Mechanized) and Fort Stewart/Hunter Army Airfield, Georgia, AFZP Form 2549 (Certificate of Service), dated 28 March 1991.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records show that he enlisted in the U.S. Army Reserve on 24 June 1988 and enlisted in the Regular Army for a period of
4 years on 20 June 1989.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 95B (Military Police).

3.  The applicant's military service records contain a DA Form 2-1 (Personnel Qualification Record).  Item 5 (Oversea Service) shows he served in Saudi Arabia from 21 August 1990 through 12 April 1991.

4.  The applicant's records contain a DA Form 638 (Recommendation for Award), dated 29 March 1991; and a DA Form 4980-14 (The Army Commendation Medal Certificate), dated 18 April 1991, that show the applicant was awarded the Army Commendation Medal for exceptionally meritorious achievement while serving with the 24th Infantry Division (Mechanized) Support Command in the Kingdom of Saudi Arabia during Operation Desert Shield and Desert Storm during the period 23 August 1990 to 29 March 1991.

5.  The applicant's military service records contain a DD Form 214 that shows he entered active duty on 20 June 1989, was honorably released from active duty on 25 June 1992, and credited with completing 3 years and 6 days net active service this period.  Item 12 (Record of Service), block f (Foreign Service), shows the applicant was credited with completing 7 months and 22 days foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the applicant was awarded the Army Commendation Medal, National Defense Service Medal, Southwest Asia Service Medal with 3 bronze service stars, Army Service Ribbon, Kuwait Liberation Medal, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Army Lapel Button.  Item 18 (Remarks) is absent any indication that the applicant served in SWA in support of Operation Desert Shield/Desert Storm. The DD Form 214 shows the authority and reason for the applicant’s separation was Army Regulation 635-200, Chapter 4, for convenience of the Government:  Fiscal Year 1992 Early Transition Program.

6.  In support of his application, the applicant provides a copy of his DD Form 214, with an effective date of 25 June 1992, which was previously introduced and considered in this Record of Proceedings.  He also provides a copy AFZP Form 2549 (Certificate of Service), dated 28 March 1991, that shows the colonel serving as Chief of Staff, 24th Infantry Division (Mechanized) and Fort Stewart/ Hunter Army Airfield, Georgia awarded the applicant a Certificate of Service in recognition of faithful and exemplary performance of duty with the Victory Division during Operation Desert Shield.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

8.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's separation, contains item-by-item instructions for completing the DD Form 214.  The instructions for Item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.  The instructions for Item 12, Block f, state to enter the total amount of foreign service completed during the period covered by the DD Form 214 (i.e., Item 12, block c).  Obtain the foreign service listed in Section I of the DA Form 4037 (Officer Record Brief) for officers or Item 5 of the DA Form 2-1 for enlisted Soldiers to compute this entry.  If necessary, verify the foreign service in the MPRJ and/or OMPF.  Item 13 states that entries will be for all periods of service, to check the Soldier’s military service record for the validity of awards, do not abbreviate when listing the entries, and to list the entries in order of precedence.  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their respective blocks.  The instructions also provide, in pertinent part, that a statement will be added to show service in the country deployed, along with the dates of service
(e.g., Service in (name of country deployed) from (inclusive dates, for example YYYYMMDD - YYYYMMDD).  



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show he served in SWA in support of Operation Desert Storm from 19 August 1990 to 6 April 1991.

2.  The applicant’s DD Form 214, Item 12, block f, shows he was credited with completing 7 months and 22 days foreign service during the period of service under review.

     a.  Computation of the period of service that the applicant contends he served in SWA (i.e., from 19 August 1990 to 6 April 1991) equates to 7 months and
18 days.

     b.  The applicant’s DA Form 2-1, Item 5, shows he served in SWA from
21 August 1990 through 12 April 1991.  Computation of this period of service equates to 7 months and 22 days.

     c.  Thus, the evidence of record supports the applicant’s claim that he served in the SWA in support of Operation Desert Storm; however, the actual dates of service are in question.

3.  The evidence of record shows the total amount of foreign service completed during the period covered by the DD Form 214 will be entered in Item 12, Block f and, in pertinent part, the foreign service will be obtained from Item 5 of the DA Form 2-1 for enlisted Soldiers to compute this entry.  The evidence of record also shows the applicant was credited with completing 7 months and 22 days foreign service during the period of service under review.  Thus, in view of the foregoing and based on the available evidence, it is concluded that the applicant’s period of foreign service in SWA in support of Operation Desert Storm was from 21 August 1990 through 12 April 1991.  Therefore, it would be appropriate to correct Item 18 of the applicant’s DD Form 214 to show this period of service in SWA in support of Operation Desert Storm.

BOARD VOTE:
___X____  ____X___  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 18 of his DD Form 214 the entry “SERVICE IN SUPPORT OF OPERATION DESERT SHIELD/DESERT STORM (SOUTHWEST ASIA) FROM 19900821-19910412//NOTHING FOLLOWS.”



      _________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080013942



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080013942



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1